§ 28A-28-3 – Clerk's order.
28A-28-3. Clerk’s order. If it appears to the clerk that the petition and supporting evidence, if any, comply with the requirements of G.S. 28A-28-2 and on the basis thereof the spouse is entitled to summary administration, the clerk shall enter an order to that effect and no further administration of the estate is necessary. Nothing […]
§ 28A-28-4 – Effect of order.
28A-28-4. Effect of order. (a) The presentation of a certified copy of the order described in G.S. 28A-28-3 shall be sufficient to require the transfer to the spouse of any property or contract right owned by the decedent at the time of death, including but not limited to: (i) wages and salary; (ii) the title […]
§ 28A-28-5 – Effect of payment.
28A-28-5. Effect of payment. The person paying, delivering, transferring, or issuing property or the evidence thereof pursuant to the order described in G.S. 28A-28-3 is discharged and released to the same extent as if the person dealt with a duly qualified personal representative of the decedent. The person is not required to see to the […]
§ 28A-28-6 – Spouse's assumption of liabilities.
28A-28-6. Spouse’s assumption of liabilities. If the clerk grants the order for summary administration, the spouse shall be deemed to have assumed, to the extent of the value of the property received by the spouse under the will of the decedent or by intestate succession, all liabilities of the decedent that were not discharged by […]
§ 28A-27-6 – No apportionment between temporary and remainder interests.
28A-27-6. No apportionment between temporary and remainder interests. No interest in income and no estate for years or for life or other temporary interest in any property or fund is subject to apportionment as between the temporary interest and the remainder. The tax on the temporary interest and the tax, if any, on the remainder […]
§ 28A-27-7 – Fiduciary's rights and duties.
28A-27-7. Fiduciary’s rights and duties. (a) The personal representative may withhold from any property of the decedent in the personal representative’s possession, distributable to any person interested in the estate, the amount of the tax apportioned to the person’s interest. If the property in possession of the personal representative and distributable to any person interested […]
§ 28A-26-5 – Authority of domiciliary personal representative of a nonresident decedent.
28A-26-5. Authority of domiciliary personal representative of a nonresident decedent. The domiciliary personal representative of the nonresident decedent after qualifying as ancillary personal representative in this State is authorized to administer the North Carolina estate of the nonresident decedent in accordance with the provisions of this Chapter. (1973, c. 1329, s. 3.)
§ 28A-26-6 – Jurisdiction.
28A-26-6. Jurisdiction. (a) A domiciliary personal representative of a nonresident decedent may invoke the jurisdiction of the courts of this State after qualifying as ancillary personal representative in this State except that the domiciliary personal representative may invoke such jurisdiction prior to qualification for the purpose of appealing from a decision of the clerk of […]
§ 28A-26-7 – Service on personal representative of a nonresident decedent.
28A-26-7. Service on personal representative of a nonresident decedent. A court of this State having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in G.S. 28A-26-6 may exercise personal jurisdiction over a defendant by service of process in accordance with the provisions of G.S. 1A-1, Rule 4(j). (1973, c. 1329, s. […]
§ 28A-26-8 – Duties of personal representative in an ancillary administration.
28A-26-8. Duties of personal representative in an ancillary administration. (a) All assets of estates of nonresident decedents being administered in this State are subject to all claims, allowances and charges existing or established against the estate of the decedent wherever existing or established. (b) An adjudication of a claim rendered in any jurisdiction in favor […]